122Exemption from reporting requirement—commercial confidentiality

#### 122 Exemption from reporting requirement—commercial confidentiality 122 Exemption from reporting requirement—commercial confidentiality > > (1) The occupier of a reporting facility is exempted from the requirement to provide information to the EPA under section 119 if— > > > > > (a) the occupier has made a claim that the information should be treated as confidential on the grounds of commercial confidentiality, and > > > > > (b) the claim has been granted. > > > (2) The occupier may make the claim by written notice given to the EPA and the notice must contain the information necessary to enable the EPA to decide the claim. > > > (3) The EPA may, by written notice given to the occupier, ask the occupier to provide further relevant information to the EPA, within a reasonable period specified in the notice, to enable the EPA to decide the claim. > > > (4) The EPA may— > > > > > (a) grant the claim if the EPA reasonably believes a document contains information for which there is an overriding public interest against disclosure under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052) because of the public interest considerations in that Act, section 14, Table, clause 4, and > > > > > (b) refuse the claim on grounds including— > > > > > > > (i) the EPA has given the occupier a notice under subsection (3), and > > > > > > > (ii) the occupier does not comply with the request in the period specified in the notice. > > > (5) The EPA must give the occupier written notice of the EPA’s decision about the claim and, if the EPA refuses the claim, specify the reasons for the refusal in the notice. > > > (6) The EPA is taken to have refused the claim if the EPA has not given the occupier written notice of the decision— > > > > > (a) within 90 days after the EPA has received notice of the claim, or > > > > > (b) if the occupier has given the EPA further information in response to a request under subsection (3)—within 90 days after the EPA has received the information. > > **s 122:** Am 2023 (51), Sch 1.2.